Our view: Celebrate the confusion of democracy

A riddle: What is often messy, confusing and frustrating, yet among the best of its kind in the world.

Answer: The U.S. judicial system.

We need only look at the current contortions involving same-sex marriage in Wisconsin to realize that.

On June 6, federal judge Barbara Crabb ruled that Wisconsin's ban on same-sex marriage - approved in a statewide referendum and added to the Wisconsin Constitution eight years ago - violates the federal Constitution's guarantees of liberty and equality for all.

The next day - a Saturday - hundreds of couples jumped on the decision and at the chance to wed in Milwaukee and Madison. County clerks there were only too happy to oblige, buoyed by what they felt was the new law of the land.

Come the following Monday, however, county clerks throughout the state weren't so sure. They were caught in legal limbo, seeking advice from their attorneys about whether to issue licenses to same-sex couples lining up at their office doors. In Manitowoc and Sheboygan counties, clerks first said they would not issue licenses, only to recant later in the day based on legal advice. The situation was so fluid that it was difficult for anyone to know with certainty what to do next.

Wisconsin Attorney General J. B. Van Hollen on Thursday threatened that county clerks could face criminal charges if they continued to flout what he says is still the law of the land, the 2006 amendment to the state Constitution that defines marriage as a union between one man and one woman. Clerks and others immediately labeled Van Hollen's threat as idle and born of frustration.

Van Hollen, in a more reasonable moment, asked Crabb to issue an injunction against same-sex marriages until the legal process - including an appeal of her decision - plays out in the courts.

Crabb did just that on Friday, putting her ruling of a week earlier on hold and asking clerks to hold off on any more same-sex marriages. More than 500 such marriage licenses had been issued.

So we have come full circle in a period of about 10 days, to where we probably should have been at the start.

Nobody ever said the law was a perfect science. And nobody can blame those couples who rushed to get married. Many have been waiting years for the right to wed, with all of the legal protections it entails, and were willing to jump through even the tiniest of hoops when the opportunity afforded itself.

All of this maneuvering actually shows that the legal system is working as it should.

Those most stridently against gay marriage say the issue already was decided in the 2006 referendum results, and hailed Crabb's most recent decision to stay the same-sex unions.

Those in favor of gay marriage also got to claim victory - albeit briefly - in a week-long rush to exchange vows.

Following the furor of the past week, we are at a point to step back, take a deep breath, and let the legal process play out. We are now in a position to actually embrace the confusion, and each side will have its say in the weeks and months ahead.

We should not be too critical of our judiciary. It is a fundamental part of the checks and balances of our government system. Judge Crabb's actions in this case should not be viewed as activist. She is not legislating from the bench, as her critics contend.

It is her job, and the job of all federal judges in this country, to evaluate laws in the light of core principles contained in the U.S. Constitution.

The issue of same-sex marriage, with all of its dicey arguments pro and con, likely will be decided at a higher level. In the meantime, we all must act according to the dictates of current law. We are not free to choose which laws we will enforce or obey.

The legal system that governs our actions is not perfect. The Constitution attempts to balance the rights of minority and majority viewpoints. It is a living document that provides the foundation for the fundamental rights we all enjoy.

Same-sex marriages are again on hold in Wisconsin. Not everyone will like that fact. For now, however, it is the wisest course of action as everyone in this divisive issue is allowed to be heard.

Gay marriage advocates got a foot in the door last week. It remains to be determined - legally and legislatively - whether that door opens further or will again be shut.

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Our view: Celebrate the confusion of democracy

A riddle: What is often messy, confusing and frustrating, yet among the best of its kind in the world.

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